KTBB News, Weather, Talk

LONGVIEW — Longview Police have reported that nine retailers were cited for selling tobacco to minors. Authorities said , during the month of August, officers conducted tobacco stings to test the compliance of area tobacco retailers in regards to Texas tobacco laws. The undercover stings utilized 14-16 year old minors, accompanied by officers, who entered stores and attempted to purchase tobacco products. The stings are funded through a grant issued by the Texas Comptroller’s Office. A violation of this statute is a class C misdemeanor and the fine is over $500.00.

The undercover officer/minor teams went to 156 Longview area tobacco retailers during three separate sting operations. Nine of these tobacco retailers sold tobacco products to the undercover minors, with two stores selling to minors twice.
The locations that sold tobacco products to minors include:

Nice Way 800 Pine Tree Rd, Tejas Super Mart 1822 Pine Tree Rd, Brianna’s Stop n Shop (Texaco) 3122 Estes Pkwy (twice), J&B Food Mart 1600 S Green St, Road Runner 1917 Judson Rd, Rudy’s #16 128 W Marshall Ave, Tobacco Junction #22 3541 Gilmer Rd, Food Fast #1073 3357 Gilmer Rd, Kyle’s 1401 Judson Rd. (twice)

CANTON — Van Zandt County Crime Stoppers is offering a reward of up to $1,000 for information leading to the arrest of a man wanted in three county burglaries. Michael Schwankner, 34, of West Tawakoni, is described by authorities as “armed and dangerous.” He’s wanted on a number of felony and parole violation warrants from three counties, unrelated to the three burglaries. Anonymous tips about Schwankner’s whereabouts can be called in to Crime Stoppers at 903-567-STOP (567-7867).

Van Zandt County Sheriff’s deputies said the daylight house burglaries occurred in the Edgewood and Lake Tawakoni areas, and that Schwankner was identified as a suspect thanks to a security camera at one of the houses. The third burglary was interrupted by an alarm, deputies added. A woman who deputies said was Schwankner’s companion in the burglaries has been arrested.

“Crime Stoppers is eager to help the authorities locate and arrest this suspect,” said Andy Flowers, president of Van Zandt County Crime Stoppers. “Between the warrants out for him and the boldness of these burglaries, we need to get him behind bars so people can rest easier. We’re happy to give a generous reward to the caller who can help authorities locate him.”

TYLER — Trustees at Tyler Junior College have named the architect for the school’s new nursing and health sciences facility. They selected Smith Group JJR Inc. Wednesday to head up the project. The 150,000 square foot facility is scheduled to be built at Fifth Street and Fleishel Avenue. It is targeted to open for the spring 2015 semester. According to school president Dr. Mike Metke, the nursing and health sciences facility “is the largest project ever undertaken at this college. Four months ago, voters in the TJC district approved a $25 million bond program to help fund the facility. The cost of the project is not expected to exceed $50 million.

LONGVIEW — Gregg County Sheriff Maxey Cerliano is seeking the public’s help in solving a theft case. It occurred at East Texas Mack at 2934 North Highway 31 in Longview. Between noon on September 1st and 8:00am on September 4th, someone cut the fence at the business and removed 56 tires and wheels off seven new Mack trucks. The total loss was in excess of $47,000.00. If you have any information, you are asked to contact Investigator Cecil Shelton at 903-237-2531 or Crime Stoppers at 903-236-STOP.

TYLER — There’s a parking problem at UT-Tyler. Students tell KETK they paid more than $45 for a parking permit this year. But some of them say they’re being forced to park off-campus because the campus is about 400 parking places short. UTT President Dr. Rodney Mabry emailed students and KETK about the problem last week. In it, he says an underestimated increase in enrollment helped create the troubles. Mabry also says the university lost quite a number of spaces when the city eliminated some street parking.

Mabry says the university is currently working to fix the problem, but some students say it’s ridiculous. One says he has to get to school 45 minutes early so he won’t be late for class. According to school officials, building 200 more spaces could cost as much as $1 million. Unfortunately, they say, the school is under budget constraints — but they say they have a plan in place.

RUSK — Health officials confirm the West Nile virus has killed one person in Cherokee County. According to KETK and county spokeswoman Rhonda Jones, authorities were notified of the death on Tuesday. A total of four people have contracted the virus in Cherokee County — two with West Nile fever and two with West Nile neuroinvasive disease. The patient who died suffered from the latter. Jones says the victim was “immunocompromised.” The person’s name, age, sex and residence has not been released.

The Texas Department of State Health Services is asking the public to be aware of the “Four D’s:”

Use insect repellent containing DEET, picaridin or oil of lemon eucalyptus.
Dress in long sleeves and long pants when you are outside.
Stay indoors at dusk and dawn, when mosquitoes are most active.
Drain standing water where mosquitoes breed. Common breeding sites include old tires, flowerpots and clogged rain gutters.

As of Wednesday afternoon, the only Cherokee County towns to spray for West Nile are Jacksonville and Bullard.

KILGORE — New motions have been filed to test DNA in the infamous “KFC” case. According to KETK, the defendants were convicted on DNA evidence. But both Darnell Hartsfield, 47, and his cousin Romeo Pinkerton, 53, want the DNA retested by an independent source, according to the Smith County District Attorney’s Office. The Longview News-Journal reported in 2010 that the Texas Sixth Court of Appeals upheld Hartsfield’s conviction.

A Brazos County jury in October 2008 found Hartsfield guilty of the murders of five people kidnapped from a Kilgore Kentucky Fried Chicken in 1983. Hartsfield appealed the verdict, arguing prosecutors did not provide sufficient evidence for a jury to reasonably determine his guilt and that the court allowed inappropriate testimony about other criminal offenses during the trial.

The appellate judges ruled the physical and circumstantial evidence presented in the case were sufficient for a reasonable jury to decide Hartsfield’s guilt. To convict him of capital murder, the judges said prosecutors did not have to prove Hartsfield shot the victims but that he was participating in an aggravated robbery when the murders occurred. The judges also ruled the admission of prior criminal offenses as identifying evidence was valid because the crimes were similar. Prosecutors may introduce similar criminal offenses when the defendant argues another person committed the crime, they said. Hartsfield and Pinkerton are currently serving life prison sentences.

CANTON — Van Zandt County Crime Stoppers is offering a reward of up to $1,000 for information leading to the arrest of a man wanted in three county burglaries. Michael Schwankner, 34, of West Tawakoni, is described by authorities as “armed and dangerous.” He’s wanted on a number of felony and parole violation warrants from three counties, unrelated to the three burglaries. Anonymous tips about Schwankner’s whereabouts can be called in to Crime Stoppers at 903-567-STOP (567-7867).

Van Zandt County Sheriff’s deputies said the daylight house burglaries occurred in the Edgewood and Lake Tawakoni areas, and that Schwankner was identified as a suspect thanks to a security camera at one of the houses. The third burglary was interrupted by an alarm, deputies added. A woman who deputies said was Schwankner’s companion in the burglaries has been arrested.

“Crime Stoppers is eager to help the authorities locate and arrest this suspect,” said Andy Flowers, president of Van Zandt County Crime Stoppers. “Between the warrants out for him and the boldness of these burglaries, we need to get him behind bars so people can rest easier. We’re happy to give a generous reward to the caller who can help authorities locate him.”

TYLER — Tyler police release their report on the most recent multi-agency No-Refusal DWI campaign, August 31st through September 3rd. Total DWI arrests for the No-Refusal initiative for all agencies were 19. DPS had 11 DWI arrests and issued one citation for DUI-Minor. Tyler PD had 7 DWI arrests, and Lindale PD had one. Total number of search warrants for blood was at least 4; Tyler PD obtained 4 such warrants, but DPS no longer tracks this figure.

TYLER — A Tyler man has pled guilty in federal court to bank fraud. Timothy Calvin Olk, 65, entered his guilty plea yesterday before U.S. Magistrate Judge John D. Love. Olk faces up to 30 years in federal prison at sentencing. A sentencing date has not been set.

Federal prosecutors said from October 8, 2011 to November 8, 2011, Olk convinced others to give him their IRA funds which he would invest with his company’s account with Austin Bank, giving them a higher return on their investments. On two separate occasions, Olk deposited checks in the amount of $122,435.32 into his account. However, Olk used some of the money to pay his own personal expenses, including $105,000 to a creditor.

CHAPEL HILL — The body of a man missing on a Smith County Lake has been recovered. Justice of the Peace Mitch Shamburger identified him as Justin Thore, 29. Game Warden Quint Balkcom said his body was recovered from Pleasure Acres Lake yesterday morning around 9:25 off County Road 291.

According to KETK, a search turned into a recovery effort after Thore was reported missing yesterday evening. Officials said the 29-year-old man went fishing around 12:00, according to his roommates. His boat was found anchored in the middle of the lake, but he was nowhere to be found. His family reported him missing at around 7:30. Divers from the ALERT Academy were on location along with the Smith County Sheriff’s Office.

CHARLOTTE, NC — In 2008, the Democratic National Convention reached its climax with Barack Obama giving his acceptance speech before a crowd estimated at 84,000 at what was then known as Invesco Field at Mile High and is now known as Sports Authority Field at Mile High. Regardless of the naming rights deal du jour, it’s the stadium where the NFL Denver Broncos play football. Every seat was filled and the air fairly crackled with excitement.

The intention was to repeat that event at Bank of America Stadium here in Charlotte. However, the decision was made to scrap the outdoor venue and conclude the convention here in Time Warner Cable Arena in which activities for Tuesday and Wednesday night were held. According to some published reports, the concern was that the stadium will have thousands of empty seats, which would constitute a potentially devastating visual for the Obama campaign.

This is not the official reason, of course. Officials say the decision to move the finale of the Democratic National Convention back to the Time Warner Cable Arena is because of concern for the weather. It has rained pretty much every afternoon and evening since the weekend here in Charlotte and all of the weather websites put the chance of rain and/or thunderstorms in today’s forecast. But convention organizers had been saying that the stadium event would go on rain or shine.

Follow Gleiser on Twitter @KTBBDecision12 and online at http://www.ktbb.com/decision2012

HUNTSVILLE (AP/STAFF) — With four months still remaining, 2012 already has become the deadliest year in more than a decade in Texas prisons. The Texas Department of Criminal Justice has reported 10 homicides this year, up from only three in 2011. There were five in 2010 and just one in 2009, according to agency figures.

“It’s definitely jumped out at us,” Bruce Toney, the agency’s inspector general, said of the increase. “It definitely has not been an average year.” The homicides don’t appear to be connected and have been scattered throughout the 111-prison system. The reason for the surge, the highest number in 15 years, is uncertain, Toney said.

In the most recent slaying, Elasko Thomas, an East Texas man sentenced two years ago to life in prison for kidnapping and aggravated sexual assault, was killed August 7 at the Robertson Unit northeast of Abilene. Cellmate Michael Deloach is accused of killing him during an altercation. Deloach was convicted kidnapping and sexual assault by a Smith County jury in January of last year. It was his third trip to state prison.

TYLER — A 32-year-old Tyler man will face up to 40 years in prison for drug trafficking charges. Sipriano Relles pleaded guilty Tuesday to possession with intent to distribute methamphetamine before U.S. Magistrate Judge Judith K. Guthrie. According to information presented in court, on February 20, Relles was found in possession of approximately 66.9 grams of actual meth, which he intended to deliver in and around the East Texas area. A federal grand jury returned an indictment on April 11, charging Relles with federal violations. A sentencing date has not been set.

LONGVIEW — A Longview man is in the Gregg County Jail after leading authorities on a chase that got up to 145 miles an hour. Arrested was Chris Warford, 41. A state trooper first tried to stop Warford when he clocked him at 135 miles an hour on his motorcycle on State highway 31. After the brief chase, Warford finaly stopped and gave up. Besides numerous traffic violations, along with no insurance and an expired license, Warford is also facing a charge of evading arrest.

TYLER — The vice president for administration and government relations at The University of Texas at Tyler, Dr. Howard Patterson, will participate in a national leadershipdevelopment program. Patterson is one of 20 senior-level administrators in higher education nationwide selected by the Council of Independent Colleges and the American Academic LeadershipInstitute to participate in a yearlong Executive Leadership Academy. Individuals chosen for the program are experienced vice presidents or cabinet officers in higher education who aspire to gain a more in-depth understanding of the administration of higher education institutions at independent colleges or universities. The academy’s purpose is to help prepare CAOs to serve as effective college leaders and presidents.

“Dr. Patterson is a model candidate for this leadership program. He has had a very impactful career at UT Tyler, having been involved in nearly every aspect of campus administration,” said UT Tyler President Rodney Mabry. “Dr. Patterson and the university will benefit from his participation in the Executive Leadership Academy.”

As a participant, Patterson will attend two seminars and ongoing webinars, participate in a mentoring program, develop experiential learning projects focused on specific areas of higher education administration responsibility and complete a series of readings and case studies.

EAST TEXAS — A big difference this year when it comes to grass fires and wildfires. Last year at this time, East Texas was knee-deep in fires, with thousands of acres ablaze. In one fire in Gladewater, a mother and her baby were killed, at least 15 buildings were lost, and about 50 people were forced to evacuate their homes. According to KETK, Tuesday also marked the first anniversary of the Bear Creek Fire. More than 40,000 acres burned, making it one of the largest wildfires in Texas history.

EAST TEXAS — Texas places 11 cities in the nation’s top 50 for economic and job growth, including a couple of East Texas towns. KETK reports Longview ranked 22nd, Tyler 40th among Area Development magazine’s leading locations for development. The report looked at 365 metro areas across the U.S. East Texas Council of Governments Executive Director David Cleveland credits area leaders who pay attention to the needs of business. Cleveland says when that happens, businesses want to come here, and those already here want to continue to grow.

JACKSONVILLE — A two vehicle accident in Cherokee County has left one person dead and one injured. The accident occurred around 8:30 yesterday morning on Highway 204 just outside of Jacksonville. Dead at the scene was Wayne Clinton Davis, 27, of Flint. His car was hit by a pickup driven by Tyler Glenn Sherwood, 24, of Jacksonville.

According to State Trooper Chaney Wade, Sherwood’s pickup was northbound when it swerved into the southbound lane of traffic. It collided head on with Davis’ car. Sherwood was taken to East Texas Medical Center-Jacksonville, where he is listed in stable condition.

TYLER — An East Texas man and woman have pleaded guilty to federal drug trafficking crimes. Marco Aguilera, 34, of Tyler, pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime. Heather Kee, 27, of Quitman, Texas, pleaded guilty to possession with intent to distribute methamphetamine. Both appeared yesterday before U.S. Magistrate Judge John D. Love.

According to federal prosecutors, in March 2012, Aguilera possessed and distributed methamphetamine in a Tyler apartment. He admitted to conspiring with others to distribute more than 150 grams of methamphetamine in the Tyler area. Kee admitted to assisting Aguilera in the distribution of methamphetamine and for being responsible for possessing 2.5 kilograms of methamphetamine that she knew was intended for distribution. A federal grand jury returned an indictment on April 11, charging Aguilera and Kee with federal drug trafficking violations. Aguilera faces a minimum of 15 years in federal prison. Kee faces up to 5 years in federal prison. Sentencing dates have not been set.

TYLER — More details on a story we first brought you last week. According to KETK, the Texas Transportation Commission has approved granting free passage for select veterans on several Texas toll roads, including Tyler’s Toll 49. The decision will benefit veterans who are either disabled or recipients of the Purple Heart and/or Congressional Medal of Honor. In central Texas, those toll roads where some veterans will be able to drive free of charge include Loop 1, SH 45 North, SH 45 Southeast and SH 130 (Segments 1-4) in the Austin area. Additionally, qualified veterans will be able to travel free of charge on the Camino Colombia, which is SH 255 near Laredo.

House Bill 3139, passed by the Legislature in 2009 and enacted in the Transportation Code (Section 372.053), stated that the state’s toll authorities may develop a discount program for various veterans. Governor Rick Perry recently called on the Transportation Commission to begin implementing a program that would help support Texas veterans getting around Texas with less financial burden. “Our veterans are motivated by a higher calling that is rooted in the fundamental values of our nation,” Governor Perry said. “In Texas, we understand and appreciate the sacrifices the men and women of our armed forces make in defense of our freedom, and we consider it an honor to support them.”

Currently, there are 7,360 specialty license plates indicating drivers are disabled vets, Purple Heart and Congressional Medal of Honor recipients in Travis, Williamson and Hays counties closest to the central Texas toll roads. Statewide there are 160,666 similar specialty plates. “We are able to celebrate our freedom each and every day due to the unwavering sacrifice of our military’s brave men and women, so making it a bit easier for them to move through our great state is the least we can do,” said Phil Wilson, Executive Director of TxDOT. “We thank Texas veterans for their service and hope the free use of our toll roads recognizes the price they paid for our freedom.”

The latest estimates show the cost of managing this program to be less than $1 million annually. The Transportation Commission has asked TxDOT to implement this program for qualified veterans by January 1, 2013.

HAWKINS — Authorities have released the identity of the victim involved in a weekend drowning. Despite posted signs indicating “No Swimming” Austin Gaffney, 16, and his 22-year-old sister tried to swim across Holly Lake. The woman made it, but Austin did not. His body was recovered late Sunday afternoon, several hours after he drowned. According to KETK, Austin was a JV football player at Rowlett High School. He was visiting his grandmother, who lives at Holly Lake Ranch, when the accident occurred.

TYLER — State District Judge Kerry Russell sentences Tara Kay McSwain, 38, to two consecutive six-year terms for prescription fraud. The first term also comes with a $10,000 fine. Seven other charges are being dismissed as part of a plea agreement. Authorities alleged McSwain tried to fill fraudulent prescriptions last year using her role as owner of East Texas Medical Billing. McSwain also operated Apple Swim and Fitness. KETK reported that business was shut down last month by foreclosure sale deed.

TYLER — A 32-year-old Tyler man will face up to 40 years in prison for drug trafficking charges. Sipriano Relles pleaded guilty to possession with intent to distribute methamphetamine before U.S. Magistrate Judge Judith K. Guthrie Tuesday. According to information presented in court, on Feb. 20, Relles was found in possession of approximately 66.9 grams of actual meth, which he intended to deliver in and around the East Texas area. A federal grand jury returned an indictment on Apr. 11, charging Relles with federal violations. A sentencing date has not been set.

CHARLOTTE, NC — The Democratic National Convention put San Antonio Mayor Julian Castro in the spotlight last night. He delivered the keynote address in the same slot, on the same night of the convention, as then little known Illinois State Senator, Barack Obama, occupied at the at the convention in 2004, KTBB’s Paul Gleiser reported from Charlotte. It’s and audition slot for party “up & comers” and about the challenge, Mayor Castro said, “The most challenging part of the speech is not even the words themselves, it’s just having command of the actual arena.” Mayor Castro addressed the crowd in prime time last night.

Castro told the crowd last night “Republican presidential nominee Mitt Romney “doesn’t get it.” In his keynote speech to the Democratic convention, Castro accused the Republican party of being “perfectly comfortable” with an America in which some people don’t get a chance to prosper.

Follow Gleiser on Twitter: @KTBBdecision12 and online at
http://www.ktbb.com/decision2012

NACOGDOCHES — Longtime Nacogdoches Judge Jack Pierce has died. He was 84. Pierce served as judge of the 145th State District Court for 37 years. He died on his birthday, August 30th.

According to the obituary from Cason Monk-Metcalf Funeral Directors, Governor John Connally appointed Jack Pierce to the court in 1963. He was one of the youngest state judges at that time. Upon his retirement in 2001, he was the longest sitting judge in the state of Texas.

A visitation is scheduled at the Nacogdoches County Courthouse on Friday from 4:00 till 8:00pm. Funeral services are scheduled for Saturday morning at 11:00 at the First Baptist Church in Nacogdoches.

NACOGDOCHES — A Nacogdoches inmate has been charged with assaulting a public servant. According to KETK, Elizabeth Howard, 22, of Nacogdoches is accused of striking a female jailer. The jailer suffered minor injuries. Howard was originally arrested on a misdemeanor assault charge.

SWAN — A man ran into an unexpected problem Saturday as he headed to Tyler to visit his wife in the hospital. KETK reports his car caught fire along Highway 69 just north of Tyler Pipe. James Smith says smoke started pouring from his hood and flames sprang from under the dashboard. Smith said he had just filled up when the fire broke out. Lindale firefighters managed to douse the flames in a matter of minutes, but the car, which Smith termed his “pride and joy,” was destroyed. Smith noted, “At least I got out of it.” Southbound traffic was allowed to pass even though firefighters were attending to the vehicle.

LONGVIEW — Longview city crews resumed citywide mosquito fogging this morning as the region’s response to a record-breaking outbreak of West Nile virus continues. According to KETK and the Longview News-Journal, the virus so far has been blamed for the deaths of three East Texans and more than three dozen other Texans. A morning and evening spray schedule began August 27, but this week’s spraying is scheduled to take place only during the early morning hours. That news came after state health officials Friday reported no new confirmed cases of West Nile were found in Gregg and several surrounding counties. Statewide, however, the number of cases was continuing to climb.

The Texas Department of State Health Services said Friday no new cases had been confirmed since Wednesday in Gregg, Harrison, Upshur, Rusk, Panola, Smith, Cass, Camp, Titus or Van Zandt counties. Two new cases were reported in Bowie County in far Northeast Texas.

Fogging resumed from 4:00 to 6:00am Tuesday. However, city spokesman Shawn Hara said, crews may fog at other times if needed. If crews cannot spray on a particular morning because of weather conditions, they may have to spray the next night, he said. That means residents should be prepared for city crews to fog anytime in any neighborhood without notice. Director of Development Services Kevin Cummings said that despite the intense spraying, city crews were continuing to find West Nile virus-carrying Culex mosquitoes in traps placed around the city.

DAVENPORT, IOWA (AP/Staff) – Authorities say a North Texas-based pilot with Tyler connections was killed when his plane crashed during an air show in eastern Iowa. The Quad-City Times reported the death Glenn A. Smith of Frisco. Smith was CEO of the Warbird Educational Foundation that owned the Soviet-era jet he was flying. According to KETK, he was a life member of Tyler’s Historic Aviation Memorial Museum and owned two rare MIG-17s, now on display in Tyler. The crash Saturday created a fireball when Smith’s plane failed to pull out of a 45-degree bank and crashed into a field. No one else was hurt. Federal officials are investigating. Smith was part of the HopperFlight jet team that was performing at the Quad-City Air Show in Davenport. A squadron of planes flew over the crash site Sunday in the “missing man” formation before the air show continued.